Slander Per Se
In most slander cases, you must show the false statement was actually harmful to your reputation.
However, some statements are so obviously damaging that you can prove harm simply by showing the defendant falsely made the claim. This is called slander per se. Per se means the statement speaks for itself. Merely showing it was uttered is sufficient.
Some common examples of statements that would be classified as slander per se include the following:
Saying you committed a crime
Saying you committed adultery or sexual misconduct
Saying you engaged in professional misconduct
If you can show the defendant falsely spoke these words about you to a third party, this could be enough to win your slander lawsuit.
Examples of Slander
Some examples of slander include:
Someone telling a current or potential employer a damaging lie about your professional ethics either in person or over the phone
Someone coming to a town hall meeting or block party, standing up and speaking, and falsely claiming you committed a crime
Someone telling members of your church that you are cheating on your spouse with an underaged partner
In each of these examples, a statement is made orally that affects your reputation and causes you harm.
There are two major defenses to slander that defendants could raise to avoid liability in a slander lawsuit. They include:
Truth: If the defendant shows the statement they made was true, you cannot win a slander lawsuit. Truth is an absolute defense to slander.
Opinion: If a defendant shows the statement was not one of fact, but one of opinion, you can’t recover compensation for damages. For example, if you’re a chef and a customer falsely tells others in your restaurant that you served spoiled food, this is a false assertion of fact that could give rise to a slander claim. But if someone tells other patrons in your restaurant that they believe your food had a bad taste, this is an opinion and you can’t successfully sue for slander because of it.
f you can prove you were slandered, you can obtain compensation for your damages in a slander lawsuit. This can include payment for the following:
Lost earnings and any reduction in future earnings that occurs due to the damage to your reputation
Lost business and economic opportunities due to reputational damage
Pain and suffering resulting from the false claims and the resulting consequences
Medical expenses if you sought therapy or other treatment as a result of the slander
Note the two defenses to Slander. Truth, I think everyone is onboard now that what was stated occurred, did not occur.
The other defense is opinion, in this case MLB can't claim it was their opinion...